concerning the management of bathing water quality and
repealing Directive 76/160/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the
proposal from the Commission [1],

Having regard to the opinion of the
European Economic and Social Committee [2],

Having regard to the opinion
of the Committee of the Regions [3],

Acting in accordance with the
procedure laid down in Article 251 of the Treaty [4], in the light of the joint
text approved by the Conciliation Committee on 8 December 2005,

Whereas:

(1) Building on the Commission's Communication on sustainable development,
the European Council has singled out objectives as general guidance for future
development in priority areas such as natural resources and public health.

(2) Water is a scarce natural resource, the quality of which should be
protected, defended, managed and treated as such. Surface waters in particular
are renewable resources with a limited capacity to recover from adverse impacts
from human activities.

(3) Community policy on the environment should aim
at a high level of protection, and contribute to pursuing the objectives of
preserving, protecting and improving the quality of the environment and of
protecting human health.

(4) In December 2000, the Commission adopted a
Communication to the European Parliament and the Council on the development of
a new bathing water policy and initiated a large-scale consultation of all
interested and involved parties. The main outcome of this consultation was
general support for the development of a new Directive based on the latest
scientific evidence and paying particular attention to wider public
participation.

(5) Decision No 1600/2002/EC of the European Parliament
and of the Council of 22 July 2002 laying down the Sixth Community Environment
Action Programme [5] contains a commitment to ensuring a high level of
protection of bathing water, including by revising Council Directive 76/160/EEC
of 8 December 1975 concerning the quality of bathing water [6].

(6)
Pursuant to the Treaty, in preparing policy on the environment the Community is,
inter alia, to take account of available scientific and technical data. This
Directive should use scientific evidence in implementing the most reliable
indicator parameters for predicting microbiological health risk and to achieve
a high level of protection. Further epidemiological studies should be
undertaken urgently concerning the health risks associated with bathing,
particularly in fresh water.

(7) In order to increase efficiency and wise
use of resources, this Directive needs to be closely coordinated with other
Community legislation on water, such as Council Directives 91/271/EEC of 21 May
1991 concerning urban waste-water treatment [7], 91/676/EEC of 12 December 1991
concerning the protection of waters against pollution caused by nitrates from
agricultural sources [8] and Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework for Community
action in the field of water policy [9].

(8) Appropriate information on
planned measures and progress on implementation should be disseminated to
stakeholders. The public should receive appropriate and timely information on
the results of the monitoring of bathing water quality and risk management
measures in order to prevent health hazards, especially in the context of
predictable short-term pollution or abnormal situations. New technology that
allows the public to be informed in an efficient and comparable way on bathing
waters across the Community should be applied.

(9) For the purpose of
monitoring, harmonised methods and practices of analysis need to be applied.
Observation and quality assessment over an extended period are necessary in
order to achieve a realistic bathing water classification.

(10)
Compliance should be a matter of appropriate management measures and quality
assurance, not merely of measuring and calculation. A system of bathing water
profiles is therefore appropriate to provide a better understanding of risks as
a basis for management measures. In parallel, particular attention should be
attached to adherence to quality standards and coherent transition from
Directive 76/160/EEC.

(11) On 17 February 2005 the Community ratified the
UNECE Convention on Access to Information, Public Participation in Decision-
Making and Access to Justice in Environmental Matters (the A*rhus Convention).
It is therefore appropriate for this Directive to include provisions on public
access to information and to provide for public participation in its
implementation to supplement Directive 2003/4/EC of the European Parliament and
of the Council of 28 January 2003 on public access to environmental information
[10] and Directive 2003/35/EC of the European Parliament and of the Council of
26 May 2003 providing for public participation in respect of the drawing up of
certain plans and programmes relating to the environment [11].

(12) Since
the objectives of this Directive, namely the attainment by the Member States,
on the basis of common standards, of a good bathing water quality and a high
level of protection throughout the Community, cannot be sufficiently achieved
by the Member States and can be better achieved at Community level, the
Community may adopt measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

(13) The measures
necessary for the implementation of this Directive should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission [
12].

(14) The continued importance of a Community bathing water policy is
evident each bathing season as it protects the public from accidental and
chronic pollution discharged in or near Community bathing areas. The overall
quality of bathing waters has improved considerably since Directive 76/160/EEC
came into force. However, that Directive reflects the state of knowledge and
experience of the early 1970. Patterns of bathing water use have since changed,
as has the state of scientific and technical knowledge. Therefore, that
Directive should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER
I

GENERAL PROVISIONS

Article 1

Purpose and scope

1.
This Directive lays down provisions for:

(a) the monitoring and
classification of bathing water quality;

(b) the management of bathing
water quality; and

(c) the provision of information to the public on
bathing water quality.

2. The purpose of this Directive is to preserve,
protect and improve the quality of the environment and to protect human health
by complementing Directive 2000/60/EC.

3. This Directive shall apply to
any element of surface water where the competent authority expects a large
number of people to bathe and has not imposed a permanent bathing prohibition,
or issued permanent advice against bathing (hereinafter bathing water). It
shall not apply to:

(a) swimming pools and spa pools;

(b) confined
waters subject to treatment or used for therapeutic purposes;

(c)
artificially created confined waters separated from surface water and
groundwater.

Article 2

Definitions

For the purposes of this
Directive, the following definitions shall apply:

1. the terms "surface
water", "groundwater", "inland water", "transitional waters", "coastal water"
and "river basin" have the same meaning as in Directive 2000/60/EC;

2. "
competent authority" means the authority or authorities that a Member State has
designated to ensure compliance with the requirements of this Directive or any
other authority or body to which that role has been delegated;

3. "
permanent" means, in relation to a bathing prohibition or advice against
bathing, lasting for at least one whole bathing season;

4. "large number"
means, in relation to bathers, a number that the competent authority considers
to be large having regard, in particular, to past trends or to any
infrastructure or facilities provided, or other measures taken, to promote
bathing;

5. "pollution" means the presence of microbiological
contamination or other organisms or waste affecting bathing water quality and
presenting a risk to bathers' health as referred to in Articles 8 and 9 and
Annex I, column A;

6. "bathing season" means the period during which
large numbers of bathers can be expected.

7. "management measures" means
the following measures undertaken with respect to bathing water:

8. "short-term pollution" means
microbiological contamination as referred to in Annex I, column A, that has
clearly identifiable causes, is not normally expected to affect bathing water
quality for more than approximately 72 hours after the bathing water quality is
first affected and for which the competent authority has established procedures
to predict and deal with as set out in Annex II;

9. "abnormal situation"
means an event or combination of events impacting on bathing water quality at
the location concerned and not expected to occur on average more than once
every four years;

11. "bathing water quality
assessment" means the process of evaluating bathing water quality, using the
assessment method defined in Annex II;

12. "cyanobacterial proliferation"
means an accumulation of cyanobacteria in the form of a bloom, mat or scum;

13. the term "public concerned" has the same meaning as in Council Directive
85/337/EEC of 27 June 1985 on the assessment of the effects of certain public
and private projects on the environment [13].

CHAPTER II

QUALITY
AND MANAGEMENT OF BATHING WATER

Article 3

Monitoring

1.
Member States shall annually identify all bathing waters and define the length
of the bathing season. They shall do so for the first time before the start of
the first bathing season after 24 March 2008.

2. Member States shall
ensure that monitoring of the parameters set out in Annex I, column A, takes
place in accordance with Annex IV.

3. The monitoring point shall be the
location within the bathing water where:

(a) most bathers are expected;
or

(b) the greatest risk of pollution is expected, according to the
bathing water profile.

4. A monitoring calendar for each bathing water
shall be established before the start of each bathing season and for the first
time before the start of the third full bathing season after the entry into
force of this Directive. Monitoring shall take place no later than four days
after the date specified in the monitoring calendar.

5. Member States may
introduce monitoring of the parameters set out in Annex I, column A, during the
first full bathing season following the entry into force of this Directive. In
that case, monitoring shall take place with the frequency specified in Annex IV.
The results of such monitoring may be used to build up the sets of bathing
water quality data referred to in Article 4. As soon as Member States introduce
monitoring under this Directive, monitoring of the parameters set out in the
Annex to Directive 76/160/EEC may cease.

6. Samples taken during short-
term pollution may be disregarded. They shall be replaced by samples taken in
accordance with Annex IV.

7. During abnormal situations, the monitoring
calendar referred to in paragraph 4 may be suspended. It shall be resumed as
soon as possible after the end of the abnormal situation. New samples shall be
taken as soon as possible after the end of the abnormal situation to replace
samples that are missing due to the abnormal situation.

8. Member States
shall report any suspension of the monitoring calendar to the Commission,
giving the reasons for the suspension. They shall provide such reports on the
occasion of the next annual report provided for in Article 13 at the latest.

9. Member States shall ensure that the analysis of bathing water quality
takes place in accordance with the reference methods specified in Annex I and
the rules set out in Annex V. However, Member States may permit the use of
other methods or rules if they can demonstrate that the results obtained are
equivalent to those obtained using the methods specified in Annex I and the
rules set out in Annex V. Member States that permit the use of such equivalent
methods or rules shall provide the Commission with all relevant information
about the methods or rules used and their equivalence.

Article 4

Bathing water quality assessment

1. Member States shall ensure that sets
of bathing water quality data are compiled through the monitoring of the
parameters set out in Annex I, column A.

2. Bathing water quality
assessments shall be carried out:

(a) in relation to each bathing water;

(b) after the end of each bathing season;

(c) on the basis of the
set of bathing water quality data compiled in relation to that bathing season
and the three preceding bathing seasons; and

(d) in accordance with the
procedure set out in Annex II.

However, a Member State may decide to
carry out bathing water quality assessments on the basis of the set of bathing
water quality data compiled in relation to the preceding three bathing seasons
only. If it so decides, it shall notify the Commission beforehand. It shall
also notify the Commission if it subsequently decides to revert to carrying out
assessments on the basis of four bathing seasons. Member States may not change
the applicable assessment period more than once every five years.

3. Sets
of bathing water data used to carry out bathing water quality assessments shall
always comprise at least 16 samples or, in the special circumstances referred
to in Annex IV, paragraph 2, 12 samples.

4. However, provided that either:

- the requirement of paragraph 3 is satisfied, or

- the set of
bathing water data used to carry out the assessment comprises at least eight
samples, in the case of bathing waters with a bathing season not exceeding
eight weeks,

a bathing water quality assessment may be carried out on the
basis of a set of bathing water quality data relating to fewer than four
bathing seasons if:

(a) the bathing water is newly identified;

(b)
any changes have occurred that are likely to affect the classification of the
bathing water in accordance with Article 5, in which case the assessment shall
be carried out on the basis of a set of bathing water quality data consisting
solely of the results for samples collected since the changes occurred; or

(c) the bathing water had already been assessed in accordance with Directive
76/160/EEC, in which case equivalent data gathered under that Directive shall
be used and, for this purpose, parameters 2 and 3 of the Annex to Directive 76/
160/EEC shall be deemed to be equivalent to parameters 2 and 1 of column A of
Annex I to this Directive.

5. Member States may subdivide or group
together existing bathing waters in the light of bathing water quality
assessments. They may group existing bathing waters together only if these
waters:

(a) are contiguous;

(b) received similar assessments for
the preceding four years in accordance with paragraphs 2, 3 and 4(c); and

(c) have bathing water profiles all of which identify common risk factors or
the absence thereof.

Article 5

Classification and quality status of
bathing waters

1. As a result of the bathing water quality assessment
carried out in accordance with Article 4, Member States shall, in accordance
with the criteria set out in Annex II, classify bathing water as:

(a) "
poor";

(b) "sufficient";

(c) "good"; or

(d) "excellent".

2. The first classification according to the requirements of this Directive
shall be completed by the end of the 2015 bathing season.

3. Member
States shall ensure that, by the end of the 2015 bathing season, all bathing
waters are at least "sufficient". They shall take such realistic and
proportionate measures as they consider appropriate with a view to increasing
the number of bathing waters classified as "excellent" or "good".

4.
However, notwithstanding the general requirement of paragraph 3, bathing waters
may temporarily be classified as "poor" and still remain in compliance with
this Directive. In such cases, Member States shall ensure that the following
conditions are satisfied:

(a) in respect of each bathing water classified
as "poor", the following measures shall be taken with effect from the bathing
season that follows its classification:

(i) adequate management measures,
including a bathing prohibition or advice against bathing, with a view to
preventing bathers' exposure to pollution;

(ii) identification of the
causes and reasons for the failure to achieve "sufficient" quality status;

(iii) adequate measures to prevent, reduce or eliminate the causes of
pollution; and

(iv) in accordance with Article 12, alerting the public by
a clear and simple warning sign and informing them of the causes of the
pollution and measures taken, on the basis of the bathing water profile.

(
b) If a bathing water is classified as "poor" for five consecutive years, a
permanent bathing prohibition or permanent advice against bathing shall be
introduced. However, a Member State may introduce a permanent bathing
prohibition or permanent advice against bathing before the end of the five-year
period if it considers that the achievement of "sufficient" quality would be
infeasible or disproportionately expensive.

Article 6

Bathing water
profiles

1. Member States shall ensure that bathing water profiles are
established in accordance with Annex III. Each bathing water profile may cover
a single bathing water or more than one contiguous bathing waters. Bathing
water profiles shall be established for the first time by 24 March 2011.

2. Bathing water profiles shall be reviewed and updated as provided for in
Annex III.

3. When establishing, reviewing and updating bathing water
profiles, adequate use shall be made of data obtained from monitoring and
assessments carried out pursuant to Directive 2000/60/EC that are relevant for
this Directive.

Article 7

Management measures in exceptional
circumstances

Member States shall ensure that timely and adequate
management measures are taken when they are aware of unexpected situations that
have, or could reasonably be expected to have, an adverse impact on bathing
water quality and on bathers' health. Such measures shall include information
to the public and, if necessary, a temporary bathing prohibition.

Article
8

Cyanobacterial risks

1. When the bathing water profile indicates
a potential for cyanobacterial proliferation, appropriate monitoring shall be
carried out to enable timely identification of health risks.

2. When
cyanobacterial proliferation occurs and a health risk has been identified or
presumed, adequate management measures shall be taken immediately to prevent
exposure, including information to the public.

Article 9

Other
parameters

1. When the bathing water profile indicates a tendency for
proliferation of macro-algae and/or marine phytoplankton, investigations shall
be undertaken to determine their acceptability and health risks and adequate
management measures shall be taken, including information to the public.

2. Bathing waters shall be inspected visually for pollution such as tarry
residues, glass, plastic, rubber or any other waste. When such pollution is
found, adequate management measures shall be taken, including, if necessary,
information to the public.

Article 10

Cooperation on transboundary
waters

Wherever a river basin gives rise to transboundary impacts on
bathing water quality, the Member States involved shall cooperate as
appropriate in implementing this Directive, including through the appropriate
exchange of information and joint action to control those impacts.

CHAPTER III

EXCHANGE OF INFORMATION

Article 11

Public
participation

Member States shall encourage public participation in the
implementation of this Directive and shall ensure the provision of
opportunities for the public concerned:

- to find out how to participate,
and

- to formulate suggestions, remarks or complaints.

This shall
relate, in particular, to the establishment, review and updating of lists of
bathing waters in accordance with Article 3(1). Competent authorities shall
take due account of any information obtained.

Article 12

Information to the public

1. Member States shall ensure that the
following information is actively disseminated and promptly made available
during the bathing season in an easily accessible place in the near vicinity of
each bathing water:

(a) the current bathing water classification and any
bathing prohibition or advice against bathing referred to in this Article by
means of a clear and simple sign or symbol;

(b) a general description of
the bathing water, in non-technical language, based on the bathing water
profile established in accordance with Annex III;

(c) in the case of
bathing waters subject to short-term pollution:

- notification that the
bathing water is subject to short-term pollution,

- an indication of the
number of days on which bathing was prohibited or advised against during the
preceding bathing season because of such pollution, and

- a warning
whenever such pollution is predicted or present,

(d) information on the
nature and expected duration of abnormal situations during such events;

(
e) whenever bathing is prohibited or advised against, a notice advising the
public and giving reasons;

(f) whenever a permanent bathing prohibition
or permanent advice against bathing is introduced, the fact that the area
concerned is no longer a bathing water and the reasons for its declassification;
and

(g) an indication of sources of more complete information in
accordance with paragraph 2.

2. Member States shall use appropriate media
and technologies, including the Internet, to disseminate actively and promptly
the information concerning bathing waters referred to in paragraph 1 and also
the following information in several languages, when appropriate:

(a) a
list of bathing waters;

(b) the classification of each bathing water over
the last three years and its bathing water profile, including the results of
monitoring carried out in accordance with this Directive since the last
classification;

(c) in the case of bathing waters classified as being "
poor", information on the causes of pollution and measures taken with a view to
preventing bathers' exposure to pollution and to tackle its causes as referred
to in Article 5(4); and

(d) in the case of bathing waters subject to
short-term pollution, general information on:

- conditions likely to lead
to short-term pollution,

- the likelihood of such pollution and its
likely duration,

- the causes of the pollution and measures taken with a
view to preventing bathers' exposure to pollution and to tackle its causes.

The list referred to in point (a) shall be available each year before the
start of the bathing season. The results of the monitoring referred to in point
(b) shall be made available on the Internet upon completion of the analysis.

3. The information referred to in paragraphs 1 and 2 shall be disseminated
as soon as it is available and with effect from the start of the fifth bathing
season after 24 March 2008.

4. Member States and the Commission shall,
wherever possible, provide information to the public using geo-referenced
technology and present it in a clear and coherent manner, in particular through
the use of signs and symbols.

Article 13

Reports

1. Member
States shall provide the Commission with the results of the monitoring and with
the bathing water quality assessment for each bathing water, as well as with a
description of significant management measures taken. Member States shall
provide this information annually by 31 December in relation to the preceding
bathing season. They shall begin providing it once the first bathing water
quality assessment has been carried out in accordance with Article 4.

2.
Member States shall notify the Commission annually before the start of the
bathing season of all waters identified as bathing waters, including the reason
for any change compared to the preceding year. They shall do so for the first
time before the start of the first bathing season after 24 March 2008.

3.
When monitoring of bathing water has started under this Directive, annual
reporting to the Commission in accordance with paragraph 1 shall continue to
take place pursuant to Directive 76/160/EEC until a first assessment can be
made under this Directive. During that period, parameter 1 of the Annex to
Directive 76/160/EEC shall not be taken into account in the annual report, and
parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be assumed to be
equivalent to parameters 2 and 1 of column A of Annex I to this Directive.

4. The Commission shall publish an annual summary report on bathing water
quality in the Community, including bathing water classifications, conformity
with this Directive and significant management measures undertaken. The
Commission shall publish this report by 30 April every year, including via the
Internet. When establishing the report the Commission shall, wherever possible,
make best use of data collection, assessment and presentation systems under
related Community legislation, in particular Directive 2000/60/EC.

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1. The Commission shall, by 2008, submit a report to the European Parliament
and to the Council. The report shall have particular regard to:

(a) the
results of an appropriate European epidemiological study conducted by the
Commission in collaboration with Member States;

(b) other scientific,
analytical and epidemiological developments relevant to the parameters for
bathing water quality, including in relation to viruses; and

(c) World
Health Organisation recommendations.

2. Member States shall, by the end
of 2014, submit written observations to the Commission on that report including
on the need for any further research or assessments which may be required to
assist the Commission in its review of this Directive under paragraph 3.

3. In the light of the report, the Member States' written observations and an
extended impact assessment and bearing in mind experience gained from
implementing this Directive, the Commission shall, no later than 2020, review
this Directive with particular regard to the parameters for bathing water
quality, including whether it would be appropriate to phase out the "sufficient"
classification or modify the applicable standards, and shall present if
necessary appropriate legislative proposals in accordance with Article 251 of
the Treaty.

Article 15

Technical adaptations and implementing
measures

1. It shall be decided in accordance with the procedure referred
to in Article 16(2):

(a) to specify the EN/ISO standard on the
equivalence of microbiological methods for the purposes of Article 3(9);

(
b) to lay down detailed rules for the implementation of Articles 8(1), 12(1)(a)
and 12(4);

(c) to adapt the methods of analysis for the parameters set
out in Annex I in the light of scientific and technical progress;

(d) to
adapt Annex V in the light of scientific and technical progress;

(e) to
lay down guidelines for a common method for the assessment of single samples.

2. The Commission shall present a draft of the measures to be taken in
accordance with paragraph 1(b) with respect to Article 12(1)(a) by 24 March
2010. Before doing so, it shall consult representatives of Member States,
regional and local authorities, relevant tourist and consumer organisations and
other interested parties. After the adoption of relevant rules, it shall
publicise them via the Internet.

Article 16

Committee procedure

1. The Commission shall be assisted by a committee.

2. Where reference
is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

The period laid
down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 17

Repeal

1. Directive 76/160/EEC is hereby repealed with effect from 31
December 2014. Subject to paragraph 2, this repeal shall be without prejudice
to Member States' obligations concerning the time limits for transposition and
application set out in the repealed Directive.

2. As soon as a Member
State has taken all necessary legal, administrative and practical measures to
comply with this Directive, this Directive will be applicable, replacing
Directive 76/160/EEC.

3. References to the repealed Directive 76/160/EEC
shall be construed as being made to this Directive.

Article 18

Implementation

1. Member States shall bring into force the laws,
regulations and administrative provisions necessary to comply with this
Directive by 24 March 2008. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference
to this Directive or shall be accompanied by such a reference on the occasion
of their official publication. The methods of making such reference shall be
laid down by Member States.

2. Member States shall communicate to the
Commission the texts of the main provisions of national law that they adopt in
the field covered by this Directive.

Article 19

Entry into force

This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.

Article 20

Addressees

This Directive is addressed to Member States.

Done at Strasbourg, 15 February 2006.

For the European Parliament

The President

J. Borrell Fontelles

For the Council

The
President

H. Winkler

[1] OJ C 45 E, 25.2.2003, p. 127.

[2] OJ
C 220, 16.9.2003, p. 39.

[3] OJ C 244, 10.10.2003, p. 31.

[4]
Opinion of the European Parliament of 21 October 2003 (OJ C 82 E, 1.4.2004, p.
115). Council Common Position of 20 December 2004 (OJ C 111 E, 11.5.2005, p. 1)
and Position of the European Parliament of 10 May 2005 (not yet published in
the Official Journal). European Parliament Legislative Resolution of 18 January
2006 (not yet published in the Official Journal) and Council Decision of 20
December 2005.

[13] OJ L 175, 5.7.1985, p. 40.
Directive as last amended by Directive 2003/35/EC of the European Parliament
and of the Council (OJ L 156, 25.6.2003, p. 17).

-------------------------
-------------------------

ANNEX I

For inland waters

A

B

C

D

E

Parameter

Excellent quality

Good quality

Sufficient

Reference methods of analysis

1

Intestinal enterococci (cfu/100 ml)

200 [1]

400 [1]

330 [2]

ISO 7899-1 or ISO 7899-2

2

Escherichia
coli (cfu/100 ml)

500 [1]

1000 [1]

900 [2]

ISO 9308-3 or ISO 9308-1

[1] Based upon a 95-percentile evaluation. See Annex II.
[2] Based upon a 90-percentile evaluation. See Annex II.

For coastal waters and transitional waters

A

B

C

D

E

Parameter

Excellent quality

Good quality

Sufficient

Reference
methods of analysis

1

Intestinal enterococci (cfu/100 ml)

100 [3]

200 [3]

185 [4]

ISO 7899-1 or ISO 7899-2

2

Escherichia coli (cfu/
100 ml)

250 [3]

500 [3]

500 [4]

ISO 9308-3 or ISO 9308-1

[1] Based upon a 95-percentile evaluation. See Annex II.
[2] Based upon a 90-percentile evaluation. See Annex II.

ANNEXII

Bathing water assessment and classification

1. Poor quality

[2] for microbiological enumerations are worse [3] than the "sufficient"
values set out in Annex I, column D.

2. Sufficient quality

Bathing
waters are to be classified as "sufficient":

1. if, in the set of bathing
water quality data for the last assessment period, the percentile values for
microbiological enumerations are equal to or better [4] than the "sufficient"
values set out in Annex I, column D; and

2. if the bathing water is
subject to short-term pollution, on condition that:

(i) adequate
management measures are being taken, including surveillance, early warning
systems and monitoring, with a view to preventing bathers' exposure by means of
a warning or, where necessary, a bathing prohibition;

(ii) adequate
management measures are being taken to prevent, reduce or eliminate the causes
of pollution; and

(iii) the number of samples disregarded in accordance
with Article 3(6) because of short-term pollution during the last assessment
period represented no more than 15 % of the total number of samples provided
for in the monitoring calendars established for that period, or no more than
one sample per bathing season, whichever is the greater.

3. Good quality

Bathing waters are to be classified as "good":

1. if, in the set of
bathing water quality data for the last assessment period, the percentile
values for microbiological enumerations are equal to or better [4] than the "
good quality" values set out in Annex I, column C; and

2. if the bathing
water is subject to short-term pollution, on condition that:

(i) adequate
management measures are being taken, including surveillance, early warning
systems and monitoring, with a view to preventing bathers' exposure, by means
of a warning or, where necessary, a bathing prohibition;

(ii) adequate
management measures are being taken to prevent, reduce or eliminate the causes
of pollution; and

(iii) the number of samples disregarded in accordance
with Article 3(6) because of short-term pollution during the last assessment
period represented no more than 15 % of the total number of samples provided
for in the monitoring calendars established for that period, or no more than
one sample per bathing season, whichever is the greater.

4. Excellent
quality

Bathing waters are to be classified as "excellent":

1. if,
in the set of bathing water quality data for the last assessment period, the
percentile values for microbiological enumerations are equal to or better than
the "excellent quality" values set out in Annex I, column B; and

2. if
the bathing water is subject to short-term pollution, on condition that:

(
i) adequate management measures are being taken, including surveillance, early
warning systems and monitoring, with a view to preventing bathers' exposure, by
means of a warning or, where necessary, a bathing prohibition;

(ii)
adequate management measures are being taken to prevent, reduce or eliminate
the causes of pollution; and

(iii) the number of samples disregarded in
accordance with Article 3(6) because of short-term pollution during the last
assessment period represented no more than 15 % of the total number of samples
provided for in the monitoring calendars established for that period, or no
more than one sample per bathing season, whichever is the greater.

[1] "
Last assessment period" means the last four bathing seasons or, when applicable,
the period specified in Article 4(2) or (4).

1. The bathing water profile referred to in Article 6 is to consist of:

(a) a description of the physical, geographical and hydrological
characteristics of the bathing water, and of other surface waters in the
catchment area of the bathing water concerned, that could be a source of
pollution, which are relevant to the purpose of this Directive and as provided
for in Directive 2000/60/EC;

(b) an identification and assessment of
causes of pollution that might affect bathing waters and impair bathers' health;

(c) an assessment of the potential for proliferation of cyanobacteria;

(d) an assessment of the potential for proliferation of macro-algae and/or
phytoplankton;

(e) if the assessment under point (b) shows that there is
a risk of short-term pollution, the following information:

- details of any remaining causes of pollution, including management
measures taken and the time schedule for their elimination,

- management
measures taken during short-term pollution and the identity and contact details
of bodies responsible for taking such action,

(f) the location of the
monitoring point.

2. In the case of bathing waters classified as "good", "
sufficient" or "poor", the bathing water profile is to be reviewed regularly to
assess whether any of the aspects listed in paragraph 1 have changed. If
necessary, it is to be updated. The frequency and scope of reviews is to be
determined on the basis of the nature and severity of the pollution. However,
they are to comply with at least the provisions and to take place with at least
the frequency specified in the following table.

Bathing water classification

"Good"

"Sufficient"

"Poor"

Reviews are to take place at least every

four years

three years

two years

Aspects to be reviewed (points of paragraph 1)

(a) to (f)

(a) to (f)

(a) to (f)

In the case of bathing waters previously classified as "excellent", the
bathing water profiles need be reviewed and, if necessary, updated only if the
classification changes to "good", "sufficient" or "poor". The review is to
cover all aspects mentioned in paragraph 1.

3. In the event of
significant construction works or significant changes in the infrastructure in
or in the vicinity of the bathing water, the bathing water profile is to be
updated before the start of the next bathing season.

4. The information
referred to in paragraph 1(a) and (b) is to be provided on a detailed map
whenever practicable.

5. Other relevant information may be attached or
included if the competent authority considers it appropriate.

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ANNEX IV

Bathing water
monitoring

1. One sample is to be taken shortly before the start of each
bathing season. Taking account of this extra sample and subject to paragraph 2,
no fewer than four samples are to be taken and analysed per bathing season.

2. However, only three samples need be taken and analysed per bathing season
in the case of a bathing water that either:

(a) has a bathing season not
exceeding eight weeks; or

(b) is situated in a region subject to special
geographical constraints.

3. Sampling dates are to be distributed
throughout the bathing season, with the interval between sampling dates never
exceeding one month.

4. In the event of short-term pollution, one
additional sample is to be taken to confirm that the incident has ended. This
sample is not to be part of the set of bathing water quality data. If necessary
to replace a disregarded sample, an additional sample is to be taken seven days
after the end of the short-term pollution.

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ANNEX V

Rules on the handling of samples for
microbiological analyses

1. Sampling point

Where possible, samples
are to be taken 30 centimetres below the water's surface and in water that is
at least one metre deep.

2. Sterilisation of sample bottles

Sample
bottles are:

- to undergo sterilisation in an autoclave for at least 15
minutes at 121 oC, or

- to undergo dry sterilisation at between 160 oC
and 170 oC for at least one hour, or

- to be irradiated sample containers
obtained directly from manufacturer.

3. Sampling

The volume of the
sampling bottle/container is to depend on the quantity of water needed for each
parameter to be tested. The minimum content is generally 250 ml.

Sample
containers are to be of transparent and non-coloured material (glass,
polyethene or polypropylene).

In order to prevent accidental
contamination of the sample, the sampler is to employ an aseptic technique to
maintain the sterility of the sample bottles. There is no further need for
sterile equipment (such as sterile surgical gloves or tongs or sample pole) if
this is done properly.

The sample is to be clearly identified in
indelible ink on the sample and on the sampling form.

4. Storage and transport of samples before analysis

Water samples are to be protected at
all stages of transport from exposure to light, in particular direct sunlight.

The sample is to be conserved at a temperature of around 4 oC, in a cool
box or refrigerator (depending on climate) until arrival at the laboratory. If
the transport to the laboratory is likely to take more than four hours, then
transport in a refrigerator is required.

The time between sampling and
analysis is to be kept as short as possible. It is recommended that samples be
analysed on the same working day. If this is not possible for practical reasons,
then the samples shall be processed within no more than 24 hours. In the
meantime, they shall be stored in the dark and at a temperature of 4 oC ± 3 oC.